The employer has the right to prescribe qualifications suitable for the post, and the court cannot go into the issue of correctness of qualifications prescribed.

JUDGMENT :

(Sandeep V. Marne, J.)

1. Rule. Rule is made returnable forthwith. With the consent of parties, petition is taken up for final hearing.

2. Maharashtra Public Service Commission (MPSC) has filed the present petition challenging the judgment and order dated 20.02.2019 passed by the Maharashtra Administrative Tribunal (Tribunal) in Original Application No. 651/2018. The Original Application was instituted by respondent no.1 challenging the advertisement dated 29.04.2017 issued by the MPSC for filling up the post of Secretary (Group-A) in the Maharashtra State Board of Production of Marathi Vishwakosh. The advertisement was challenged to the extent of prescription of qualification of bachelor’s degree in Marathi or Sanskrit and seeking declaration that candidates possessing qualification of Master’s Degree in Sanskrit should be held eligible. By judgment and order dated 20.02.2019, the Tribunal has proceeded to allow the Original Application holding that respondent no.1 fulfilled the eligibility criteria mentioned in the advertisement. Her candidature has been directed to be considered in the selection process. The Tribunal has held that the Change of Faculty Test undergone by her for securing admission to the course of Masters Degree in Sanskrit to be equivalent to Bachelor’s Degree in Sanskrit.

3. The petitioner underwent course of Bachelor’s Degree in Science (Micro-Biology) in April, 1993. She also acquired Master’s Degree in Bio-Chemistry in May, 1995. She later obtained Diploma Certificate in Sanskrit in May, 1999. She also acquired qualification of B.Ed in March, 2000.

4. The Mumbai University provided an opportunity to graduates from other than Arts to seek admission to course of master’s degree in arts. Petitioner was interested in undergoing the master’s degree in Sanskrit and accordingly appeared for Change of Faculty Test (Entrance Test) containing two papers of Sanskrit. After clearing the Change of Faculty Test, she secured admission to M.A. Degree Course in Sanskrit. She acquired M.A. degree in Sanskrit in the year 2003. Later she completed her post-graduation- M. Phil in Education in the year 2012.

5. An advertisement was issued by MPSC for filling up the post of Secretary (Group-A) in the Maharashtra State Board of Production of Marathi Vishwakosh under the Marathi Language Department. The educational qualification prescribed in the advertisement was (i)possession of degree in Marathi or Sanskrit subject with at least 55% marks and (ii)possession of Master’s degree in Marathi or Sanskrit subject with at least 55% marks. Experience of working in administrative or executive post for five years was also prescribed. Petitioner applied in pursuance of the advertisement. MPSC published list of eligible candidates, in which name of respondent no.1 figured at serial no.2. She was subjected to interview held on 6.02.2018. During the course of interview, oral enquiry was made as to whether respondent no.1 possessed the qualification of Bachelor’s Degree in Sankrit. Respondent no.1 gave information in writing on 6.02.2018 about non-possession of Bachelor’s Degree in Sanskrit but stated that she passed Entrance Test in Sanskrit subject held by Mumbai University for securing admission to Course of M.A. (Sanskrit). The interview of respondent no.1 was accordingly conducted. She claims to have secured highest marks in the interview and was looking forward to her selection and appointment on the advertised post. However, since nothing was herd in the matter, she made representation dated 16.02.2018. Merit list was published by MPSC in which name of respondent no.1 was excluded.

6. Respondent no.1 therefore filed O.A. No. 651/2018 before the Tribunal challenging prescription of qualification of Bachelor’s Degree in Marathi/Sanskrit, as well as, seeking a declaration that she is eligible to be appointed pursuant to her selection. By judgment and order dated 20.02.2019, the Tribunal has allowed the Original Application hol